540.20 - Forfeiture of bail; certain local criminal courts.

§ 540.20 Forfeiture of bail; certain local criminal courts.    Notwithstanding  the  provisions of section 540.10, when bail has been  posted in a city court, town court or village court in connection with a  local  criminal  court  accusatory  instrument,  other  than  a   felony  complaint,  and  thereafter  such bail is forfeited, the following rules  are applicable:    1.  If such bail consists of a bail bond,  the  financial  officer  of  such  city,  town  or  village  must promptly commence an action for the  recovery of the sum of money specified in such bond, and upon collection  thereof shall pay the same over to the treasurer or financial officer of  the city, the supervisor of the town or the treasurer  of  the  village.  Any  amount  recovered in such action, unless otherwise provided by law,  shall be the property of the city, town or village in which the  offense  charged is alleged to have been committed.    2. If such bail consists of cash bail, the local criminal court must:    (a)  If it is a city court, pay the forfeited bail to the treasurer or  other financial officer of  the  city.    Such  forfeited  bail,  unless  otherwise provided by law, is the property of such city.    (b)  If  it is a town court or a village court, pay the forfeited bail  to the state comptroller on or before the tenth day of  the  month  next  succeeding  such  forfeiture.  Such  forfeited  bail,  unless  otherwise  provided by law, is the property of the town or  village  in  which  the  offense  charged  is  alleged to have been committed; provided, however,  that when (i) a single amount of bail is posted for more than  a  single  offense  charged,  and  (ii)  the town or village justice court does not  attribute a specific amount of bail to each offense, and (iii) forfeited  bail for at least two of the offenses would be the property of different  governmental entities, the entire amount of forfeited bail shall be  the  property  of  the  town  or  village  in  which the offenses charged are  alleged to have been committed, except that, when forfeited bail for  at  least one of the offenses would be the property of the state, the entire  amount of forfeited bail shall be the property of the state.